BALLAVDAS AGARWALA vs SHRI J. C. CHAKRAVARTY

The Supreme Court held that under the Calcutta Municipal Act, 1923, the Health Officer was not authorized to file a complaint against the appellant for selling adulterated butter, as the delegation of power to the Health Officer had lapsed prior to the complaint being filed. The Court clarified that the third order issued by the Chairman effectively revoked the delegation to the Health Officer, and thus the complaint was invalid. The Court emphasized that only the Commissioners or their properly delegated representatives could initiate such prosecutions under Sections 12 and 537 of the Act.